STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

JOHN ELIAS BALDACCI DAVID P. LITTELL 

GOVLRNOR 

MEMORANDUM 

COMMISSIONER 

TO: Board of Environmental Protection 

FROM: Je l-ey ~rawford, Bureau of Air Quality 

DATE: August 20, 2009 

Adoption- State Implementation Plan (SIP) Submittals (RACT Certification) 

Statutory_ and Reaulatoi-y Reference: 

A. Statutory authority. 

Section 182 of the CAA sets forth two separate Reasonably Available Control 

Technology (RACT) requirements for ozone nonattainment areas. The first 

requirement, contained in section 182(a)(A) of the CAA, and referred to as RACT 

fix-up, requires the correction of RACT rules for which EPA identified 

deficiencies before the CAA was amended in 1990. Maine has no deficiencies to 

correct under this section of the CAA. The second requirement, set forth in 

Section 182(b)(2) of the CAA, applies to moderate or worse ozone nonattainment 

areas as well as to marginal and attainment areas in Ozone Transport Regions 

established pursuant to Section 184 of the CAA, and requires these nonattainment 

areas to implement RACT controls on all major VOC and NOx emission sources 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG ., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) R22-6300 FAX : (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 

38 MRSA Section 585-A provides that the Board of Environmental Protection 

"may establish and amend regulations to implement ambient air quality standards 

and emission standards . These regulations shall be designed to achieve and 

maintain ambient air quality standards and emission standards within any region 

and prevent air pollution." 

Section 107(a) of the 1990 Clean Air Act Amendments (CAA) provides that 

"Each State shall have the primary responsibility for assuring air quality within 

the entire geographic area comprising such State by submitting an implementation 

plan for such State which will specify the manner in which national ambient 

primary and secondary ambient air quality standards will be achieved and 

maintained within each air quality control region in such State." 

B. Specific legal mandates requiring adoption. 

web ~ne: www .maine .~o~ det, printed on re-led paper 
and on all sources and source categories covered by a Control Technique 

Guideline document issued by EPA. 

Location/Applicability: 

The proposed SIP amendments apply statewide. 

Description: 

RACT is defined as the lowest emission limitation that a particular source is capable of meeting 

by the application of control technology that is reasonably available considering technological 

and economic feasibility. RACT requirements are included in the CAA to assure that significant 

source categories at major sources of ozone precursor emissions (VOV and NOx) are controlled 

to a "reasonable" extent, but not necessarily to the more stringent Best Available Control 

Technology (BACT) or Lowest Achievable Emission Rate (LAER) levels expected of new 

sources. According to EPA's Final Rule to Implement the 8-Hour Ozone National Ambient Air 

Quality Standard (70 FR 71612, November 29, 2005) areas classified as "moderate" 

nonattainment or higher must submit a demonstration that their current rules fulfill 8-hour ozone 

RACT requirements for all Control Technique Guideline (CTG) categories and all major, nonCTG sources as a revision to their State Implementation Plans (SIPs) . This demonstration can be 

made with either a new RACT determination or a certification that previously-required RACT 

controls represent RACT for the 1997 8-hour ozone standard . 

The certification process began with the Department's staff reviewing the federal and state 

requirements, including CTGs, Available Control Technology (ACT) documents, federal 

Standards of Performance for New Stationary Sources (NSPS), National Emission Standards for 

Hazardous Air Pollutants (NESHAPS), and Maximum Available Control Technology (MACT) 

for the applicable source categories. Each regulation adopted by the Department has been 

evaluated against applicable CTGs and ACTs, and found to fulfill RACT for all applicable 

source categories with the exception of asphalt paving . 

Maine determined that its previous asphalt paving regulations no longer constituted RACT under 

the 8-hour ozone standard. During its review of additional control measures that states should 

consider adopting as part of the OTC regional 8-hour ozone attainment strategy, the Ozone 

Transport Commission identified asphalt paving as a category where further VOC emission 

reductions could be achieved. After reviewing the OTC model rule, along with regulations in 

other northeastern states, Maine has is proposing to amend its Chapter 131 Cutback and 

Emulsified Asphalt rule to limit the VOC content of cutback and emulsified asphalt, eliminate 

exempted uses of cutback asphalt, and extend the scope of the regulation to all asphalt paving 

activities2 . 

1 The Department identified 35 source categories for which EPA issued a CTG prior to November 29, 2005 and for 

which determinations of RACT with respect to the 1997 ozone standard were required to be included in this SIP 

revision . Of these 35 CTG categories, Maine has identified applicable sources in 19 . There are no existing sources 

for the remaining 16 CTG source categories, and the Department is reaffirming its negative declaration for these 

categories . 

2 This action is a separate rulemaking with a public hearing scheduled for June 18, 2009. 
The CAA also requires RACT be applied to any major existing stationary source with the 

potential to emit 50 tons or greater per year of VOC or 100 tons or greater of NOx in the Ozone 

Transport Region. Maine's Chapter 134 Reasonably Available Control Technology for Facilities 

that Emit Volatile Organic Compounds (VOC RACT) rule applies to all Maine sources with 

potential VOC emissions of 40 tpy that are not regulated specific regulation3, while the Chapter 

138 Reasonably Available Technology For Facilities that Emit Nitrogen Oxides (NOx RACT) 

rule applies to all Maine sources with potential NOx emissions of 100 tpy that are not located 

within the region subject to the section 182(f) NOx waiver. 

After reviewing all existing major stationary sources of VOC and NOx, the Department 

determined that although all major sources in Maine are meeting the RACT requirements, the 

McCain Foods USA, Inc. Tatermeal Facility VOC RACT determination was never submitted to 

EPA.for inclusion in the SIP. The Department is therefore including this Air Emission License 

(#A-459-71-D-A) in this proposal. 

The Department posted the proposed SIP submittal to a 30-day public comment period with the 

opportunity to request a public hearing, and received several comments suggesting technical 

corrections and clarifications from EPA, which were incorporated in the final draft. There were 

no requests for a public hearing. 

Environmental Issues : 

Ground level ozone is responsible for exacerbating a variety of respiratory ailments, such as 

asthma. Although children, the elderly and those with respiratory problems are most at risk, 

even healthy individuals may experience increased respiratory ailments and other symptoms 

when they are exposed to ambient ozone while engaged in activity that involves physical 

exertion. Though these symptoms are often temporary, repeated exposure could result in 

permanent lung damage. 

Departmental Recommendation : 

The Department recommends that the Board adopt the proposed amendments as submitted. 

Estimated Time of Presentation : 

15 minutes. 

3 Specific processes at these facilities may be covered by a CTG. 

3